Backup Documents 01/23/2018 Item #16F6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNI y D
Monn
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded e f.l n Att ey Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee s) (List in routing order) Office Initials Date
1. r
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County \" ‘rt-k.
Commissioners v <75 / \\,3`V.
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number U
Contact/ Department �Cl,c e ly`� _l 0 -()
Agenda Date Item was Agenda Item Number
Approved by the BCC f r"7F-'1/ fG,r
Type of Documente Number of Original
Attached ��e(4.. L� e-w Documents Attached
PO number or account
number if document is
to be recorded 00 t — t"7jQ 7(o 0
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 5k4 1 0th
2. Does the document need to be sent to another agency for additional signatures? If yes, d�
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. t?,,k
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
Ak-
5. The Chairman's signature line date has been entered as the date of BCC approval of the gall'
document or the final negotiated contract date whichever is applicable. b��
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain pc
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC ont-p'( snd all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the oJ)
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 5506341 OR 5474 PG 2229
RECORDED 2/6/2018 11:04 AM PAGES 1
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$10.00
RELEASE OF LIEN 1 c
FEE PAYMENT ASSISTANCE PROGRAM AGREEMENT r
KNOWN ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA("COUNTY")is the owner and holder of
a certain lien against real property owned by:
ANCHOR HEALTH CENTERS, P.A., AND NAPLES INVESTMENT GROUP, LLC
(collectively the "EMPLOYER").
and described as:
Lot 10, EDISON VILAGE, a subdivision according to the map or plat thereof
recorded in Plat Book 43,pages 76-77,in the Office of the Clerk of the Circuit,
Collier County, Florida. ("PROPERTY")
The EMPLOYER is the beneficiary of impact fees paid by the COUNTY pursuant to the terms of
the Fee Payment Assistance Agreement, recorded on September 1, 2006 in Official Records Book
4115, Page 0367 in the Official Records of Collier County, State of Florida ("Agreement"). The
lien secures the sum of$347,586.68 and imposes certain obligations against the PROPERTY.
COUNTY, by execution of this Release of Lien, acknowledges satisfaction of the terms of the
Agreement as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release of Lien in the Official
Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER CO ► TY, FLORIDA
By: UttI '` p��' By: A
Attest as to firm�" -puty Clerk AID SOLIS, CHAIRMAN
•
signature only.
Approved as to form and legality:
Jenni �
Belpedio N
Assistant County Atte .•ey
Page 1 of 1
0
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURI F 6
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routin:lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
Sac V--(2),A76\ r RuS,Hess j av)o O
2.
3. County Attorney Office County Attorney Office
' \
4. BCC Office Board of County
Commissioners -/s/ t'TA\
5. Minutes and Records Clerk of Court's Office
1 (431/03 44111
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff -11\J P�h e Number o'O
Contact/ Department �Q, gs
Agenda Date Item was Agenda Item N ber
Approved by the BCC 1/231 115
Type of Document Number of Original
Attached VA`M\X\(k ‘W) Cy.Q„12, O\ Documents Attached
PO number or account
number if document is
to be recorded DO — ,7j%'f DO
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? LA-419-1C 61'641
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be (fr--1(8.6k
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Boardja‹.
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. PC
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's n „
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain U -
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on WNW and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 5506840 OR 5474 PG 3368
RECORDED 2/6/2018 5.13 PM PAGES 10 1 6 F 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$86.50
TERMINATION OF FEE PAYMENT ASSISTANCE PROGRAM AGREEMENT
AND
RELEASE OF LIEN
This Termination of Fee Payment Assistance Program Agreement and Release of Lien is
entered into on January 23, 2018, by and between Collier County, a political subdivision of the
State of Florida,through its Board of County Commissioners(the"County")and Arthrex,Inc. and
Arthrex Manufacturing,Inc. (collectively the"Business Owner").
WHEREAS,the Business Owner is the beneficiary of certain financial incentives provided
by Fee Payment Assistance Agreement, dated January 13, 2012, attached as Exhibit "A" hereto
(the "Agreement");and
WHEREAS,Business Owner was required to create ten jobs at an average wage of at least
115 percent of the County's current private-sector average wage, and Business Owner has
complied;and
WHEREAS,the Agreement provided that the Fee Payment Assistance program paid EMS,
Correctional Facilities, Road, General Government Buildings, and Fire Protection impact fees
totaling$597,513.71; and
IN WITNESS WHEREOF,the County and Business Owner hereby:
1. Incorporate all Recitals herein as if fully stated.
2. Terminate the Agreement with the County responsible for the cost of recording.
3. Release the lien created by Agreement,effective on the date of recording.
4. Business Owner, by its execution hereof certifies, represents and warrants to the
County that:
a. The Business Owner has met and greatly exceeded its requirements of the
creation and retention of ten new jobs at an average wage equal to or greater
than 115%of the County's,then,current private-sector average.
b. The Business Owner,having exceeded its job creation requirements under the
agreement,has four years remaining on a ten-year monitoring term.
SIGNATURE PAGES TO FOLLOW
[17-EDC-00059/1385326/1] Page 1 of 2
1 6 F 6
COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E.BROCK, CLERK COLLIER CO ' " Y FLORIDA
/.17/.
By: `(. ,. : 6 ��1l• By: i
• 4F�pt1�� ° ' •ff DY SOLIS,CHAIRMAN
e a t qty. X171 S
signataf a•only.
Approved as to form and legality:
Je l{'-r Belpedio k ��
Assistant County Atto - ey
BUSINESS OWNER:
Signed,sealed and delivered ARTHREX,INC.AND ARTHREX
in our presence as witnesses: MANUFACTURING,INC.
61111""t
4e1-°-, 1 0 $
Print Name:�lZ41y)he✓ fabilx1_441C By: - w.
/ Name: , A; `.
1\a (J Title: V:e, -priv.s.c. Q
Print Name: ec.,0 it{k VI b"10
STATE OF FLO e-1 1)A
COUNTY OF COLD EP,
The foregoing instrument was acknowledged before me this day of
, 2018, by ,41 1.J U E(,_ -1-1 oU— , as VICE f 2.e31977.1-7 of
AR REX, INC. AND ARTHREX MANUFACTURING, INC. on behalf of the company,who
( ) is personally known to me or ( ) has produced as
identification. Note: If a form of identification is not inserted in the foregoing blank, then the
person is personally known to me. --1 0
Vin:r:r"i SUZANNE PAHL-BOLAND i `k
. .._ Commission#FF 123648
`a'a€ Expires May 15,2018 . • ' PUBLIC-STATE OF FLORIDA
PF FAQ.• Banat'That Troy Fain Insurance 111:0•365-7u19 Kat
���€ r JL L��j)
Print Name: �Vl 1-i)4 ----�
My Commission Expires: 571 7 1 g
[17-EDC-00059/1385326/1] Page 2 of 2
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16.F.6.c
1/24/2012 Item 10.A.
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Prepared byi
Jeffrey A.haatzkow
Nasty Athwart C3f
3299 MatsuiTrTrillEast,Wee 600 Q
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AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM
This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered
into this day of ,2012,by and betweezi Collier County,a political subdivision c
of the State of Florida, through its Board of County Commissioners, hereinafter referred to as
a"County," and Arthrex, Inc. and Arthrex Manufacturing, Inc., hereinafter referred to as i j
"Arthrex,"and,RES Collier Holdings,LLC,collectively referred to as the"Parties" i zi
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RECITALS;
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WHEREAS, Collier County Ordinance No. 2003-61, the Collier County Fee Payment
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.-� Assistance Ordinance,as It may be further amended from time to time,codified in Chapter 49 of
the Code of Laws and Ordinances of Collier County Florida, hereinafter referred to as the
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"Ordinance," provides for a program of Fee Payment Assistance for payment of impact fees to
qualifying businesses(hereinafter referred to as the"Program");and
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WHEREAS,the Ordinance provides that its purposes"are to;(1)provide a performance- i r
based program offering financial relief for eligible targeted industry development or expansion Q
projects in Collier County to mitigate the effects of rising fees;(2)provide for the economic well
being of Collier County residents by providing high-wage employment opportunities in Collier •N
County;(3)lessen the seasonal cycle of Collier County's economy;and(4)encourage investment
opportunities for new or existing businesses thus increasing and diversifying the County's tax
base;"and
WHEREAS, to be considered eligible for approval under this Program, a business or
project must meet certain stated criteria, including that the business or project is located within x
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Eastern Collier County; is within the targeted industry list of the Economic Development. .cc
Council of Collier County; and creates a minimum of 10 new full-time jobs paying an average
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wage of at least 113 percent of the County's current private-sector average wage;and
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1/24/2012 Item 10.A.
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WHEREAS, Arthrex submitted an application to be considered for the Program for a
Project involving the construction of a manufacturing facility of approximately 200,000 square rn
feet, to be located on a parcel whose legal description is attached as Exhibit A and is eEa
incorporated by reference herein(which parcel is hereinafter referred to as the "Property"). A
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copy of this application is on file in the Growth Management Division, Impact Fee n.
Administration Office;and ro
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WHEREAS,the County Manager and staff have reviewed the application and,based on
the representations therein, found that it complied with the requirements for the Fee Payment
Assistance Program as outlined and set forth in the Ordinance;and
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WHEREAS,at its June 28,2011 regular public meeting the Board,having reviewed the
application as well as the findings of the County Manager and staff, end following public c
comment on this matter (1) found that Arthrex meets the requirements for the Program as c
outlined and set forth in the Ordinance,and(2)directed staff to prepare this Agreement for its
review.
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NOW,THEREFORE, in consideration of'the foregoing Recitals, and other good and ti
valuable consideration, the receipt and sufficiency of whioh is hereby mutually acknowledged, ar
the Parties agree as follows:
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1. The foregoing Recitals are true and correct and are incorporated by reference L
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herein,
2, The Board hereby agrees to enroll Arthrex into the Fee Payment Assistance c
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Program under the terms and conditions set forth below to assist Arthrex in expanding its
existing Collier County business through the construction of a new 200,000 square foot
(approximate)manufacturing facility to be located in Eastern Collier County. 4ci
3. In consideration for such assistance, Arthrex hereby accepts the benefits and
burdens set forth below and in Ordinance 2003-61,as amended. Should this Agreement conflict a
with Ordinance No,2003-61,the parties agree that the terms of the Ordinance shall prevail.
4. As set forth in Exhibit B,Arthrex is entitled to a maximum incentive award in the L
sum of$1,070,150. This incentive award is a grant by Collier County to pay Arthrrex's impact t
fees as they become due for the Project. Impact fees are generally due on the filing of a site
development plan and upon the issuance of building permits. Arthrex understands and agrees
�� t0
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I-- 1/24/2012 Item 10.A.
that there is no defined funding source for this Project, and as such these grants are subject to L
annual appropriation.
5. Upon payment by the County of Arthrex's impact fees for the Project, such E
payment of impact fees will constitute a lien on the Property,which lion shall run with the land o
and may be foreclosed upon in the event of non-compliance with the requirements of this a`
Agreement, or should any of the representations set forth in the Application be untrue or
unfulfilled. Neither the payment of impact fees nor this Agreementmay assigned,
°
p ym pact be transferred,asci ed, n '
credited or otherwise conveyed without the prior written approvalfrom the County, which
approval may be freely withheld.
6. The amount of the impact fees paid by the Program will in all events become due
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and payable and shall be immediately repaid to the County by Arthrex and/or the then current o-
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property owner if the Property is sold or transferred without prior written approval from the ui
County at any time after the first Certificate of Occupancy has been issued for the development
and prior to the 10-year obligation period and the impact fees must be paid in full to the County.
Any outstanding(i.e.,as yet not repaid)impact fee amounts previously paid under this program
will become due and payable and must then be immediately repaid to the County in the event of F
sale or transfer prior to expiration of the program obligation period,
7. On Arthrex's request, and at the County's sole option,the County's interest may dd.
be subordinated to all first mortgages or other co-equal security interests. The County's interest
will automatically be subordinate to the previously recorded first mortgage and/or any
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government funded affordable business loan such as the U.S. Small Business Administration
(SM)or the U.S.Department of Agriculture(USDA)loan. `r
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8. This Agreement will expire 10 years after the first Certificate of Occupancy has
been issued for the Project. Following this expiration, and upon satisfactory completion of all
requirements of this Agreement, at the then property owner's request and sole expense, the
County will record any necessary documentation evidencing same,including,but not limited to,
a release of lien. The lion will not terminate except upon the recording of a release or
satisfaction of lien in the public records of Collier County.
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9. Under this Agreement an annual review shall be performed by the County to
determine whether there has been good faith compliance with the terms of this Agreement
Artbrex shall give the County reviewer full access to its business records and business premises
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as required to certify the created jobs. if the County Manager or his designee finds,on the basis
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1/24/2012 Item 10.A.
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of substantial competent evidence,that there has been a failure to comply with the terms of this E
Agreement, the Agreement may be revoked or unilatoraily modified by the County. Arthrex
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shall be given 10 business days prior written notice of any review. In addition to an annual
review, within 10 business days from the County's written request, Arthrex will provide the en
County with all requested documentation required to verify compliance with the terms of the a
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Ordinance or this Agreement. In the event Anthrax is in default under this Agreement, and the
default is not cured within 30 days after written notice is provided to Arthrex,the County may
bring a civil action to enforce this Agreement or declare that program's payment of the impact
fees not yet recouped and previously paid under this program are thence immediately due and c
payable. The County is entitled to recover all fees and costs,including attorney's fees and costs,
incurred by the County in enforcing this Agreement,plus interest at the then maximum statutory d
rate for final judgments,calculated on a calendar day basis until paid. These rights and remedies ai
of the County are in addition to any other rights and remedies that the County may have should
Arthrex be in default or otherwise violate the terms of the Ordinance or this Agreement.
10. By way of example and not as a limitation,this Agreement will be in substantial
breach upon the following events:(1)any change in the status of the business or project such that
it no longer meets the required Program criteria, as set forth in either the Ordinance or this
Agreement; (2) failure to fully comply with all reasonable requests during any County review r-
conducted pursuant to this Agreement; (3) upon the County Manager or his designee being
informed of a material misrepresentation in the Application;(4) 10 new jobs are not in place by
June 30, 2014, at an average wage of not less than$44,527 or a time extension has not been
granted by the Board of County Commissioners related to the timing for the creation of the jobs,
or(5) failure by Arthrex to pay its tax bill in full to the Tax Collector's Office annually,on or
before the date it is due.
11. This Agreement will be recorded in the Official Records of Collier County at
Arthrex's sole expense. When all obligations have been meet under this Agreement,the County
will record a satisfaction of lien in the public records of Collier County, at the company's
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expense a.
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1/24/2012 Item 10A, I
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IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and
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year first above.written. Q
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Attest:
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DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
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By: By:
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,Deputy Clerk FRED W.COYLE,Chairman
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Appro •' as .rm and Recommend Approval:
legal.s I ere •;:
•"qg1,11.1;
Jeffrey A.;d�::,, N • aaalangujda o
County A4.117. Deputy Administrator- r•-'
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Growth Management Division
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1/24/2012 Item 10.A.
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AS TO ARTHREX, INC., ARTHREX MANUFACTURING, INC., and RES COLLIER a
HOLDINGS,LLC: E
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Signed,scaled and
Delivered in the presence of; �—,
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Q1�. Hy. �/
ignature R.Scott Price,Vice President
ki),0 rVie. Arthrex,Inc.,Arthrox Manufacturing,Inc.and
Printed Name RES Collier Holdings,LLC u'
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ignature
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Printed Name
Print Name
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STATE OF FLORIDA d
COUNTY OF COWER Q
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The foregoing Agreement was acknowledged before me this j3'111 day of ra
,2012,by R.Scott Price,Vice Presiden ex Inc. Manufacturing,
Inc. and RES Collier Holdings, LLC, who ist,personally known to me r has produced
as proof of identity.^ w,
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11110D..8151 1111012105 LADSURTI yThr',/INC E
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LEGAL DESCRIPTION a`
BEING A PORTION OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 29 EAST,COLLIER COUNTY,
FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 17, Q
TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH
88°65'34"WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST 1 OF SAID SECTION 17,A
DISTANCE OP 939.19 FEET;THENCE NORTH 0094'26"WEST,A DISTANCE OF 350,ot FEET TO
THE POIjwT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,THE SAME BEING >,
A POINT ON THE BOUNDARY OF THOSE CERTAIN LANDS DESCRIBED AS'EXHIBIT°A"-D.R.I.
LANDS' AND RECORDED IN OFFICIAL RECORDS BOOK 4040, PAGE 17» OF THE PUBLIC
RECORDS OF SAID COLLIER COUNTY, FLORIDA;THENCE RUN THE FOLLOWING THREE(3)
COURSES ALONG THE BOUNDARY OP LAST SAID LANDS; COURSE NO. D SOUTH 88°55'37" u.
WEST, 188.88 FEET; COURSE NO. 2: SO' r- �"WEST, 2,286.63 FEET; COURSE NO. o
NORTH 00627'04" WEST, 71699 ':";, ri='" "r.`• �� ;:.'TING FROM SAID LANDS, NORTH
89'32'56"EAST,A DISTANCE OF 2 +: ;"moi • .i 4 ON A NON-TANGENTIAL CURVE;
THENCE SOUTHEASTERLY,443.1 w Y ALONG THE � CIRCUTAR CURVE,CONCAVE c
NORTHEASTERLY, HAVING A :. •2' •: 044,00 FEET, ' *UGH A CENTRAL ANGLE OF
24°21'36"AND BEING SUB ' 4131:17041-140 v° •• . B' • • OUTH 22'31'06"EAST,440.53
FEET; THENCE SOUTH °• ' t_:+ •:
CURVATURE; THENCE SO4 6T�2g,L5 FEET TO A POINT OF
i •. G E ARC OFA CIRCULAR
CURVE, CONCAVE SO " 1 • 1Air-.
,'i�( •►' •5690 FEET, THROUGH A
CENTRAL ANGLE OF 13°54'0. 14°�i.;••-'17";-.1. a'• aa.• , r_; a. p..*RD WHICH BEARS SOUTH
27°44'53"EAST,210,36 FEET • '.Y• • a•411 •• c l.:.►!.r ��„
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CONTAINING 909,765 SQUARE •'4...' 20.89 ACRES, ':T' , ! .'S.
• S.
SUBJECT TO EASEMENT,RESERVA ': ‘49: -;.:�': v:•. m
,� ONS OF RECORD, CD
BEARINGS ARE BASED ON THE SOUTH LINE-OF THE SOUTHWEST th OF SECTION 17,
TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH m
8B°55'34°WEST.
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1/24/2012 item 10.A.
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EXHIBIT"B"
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Impact Fee Amount
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Maximum Incentive Award:
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Capital Investment x millage rate x years in program aCo
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$25,000,000 x,0042806 x 10=$1,070,150
Impact Fee Amount to be Paid on Behalf of Arthrex: a
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$597,513.71
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING i 1Q '' •2/117,Z4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURI
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Of ice
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
delc-
2.
3. County Attorney Office County Attorney Office
t'ac1 Iq
4. BCC Office Board of County Pts 1,v
CommissionersNrNA 1 ‘\ \Vg
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact/ Depattinent 3(x[� Q39 S-D. IfiWO
-
Agenda Date Item was Agenda Item Number
Approved by the BCC I tO F(Q
Type of Document �y Number of Original
Attached \t'X`ML iM-' "1,Dv) 1C f)/'iAQ,1A Documents Attached 1
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Ap licable)
1. Does the document require the chairman's original signature? S q1 A,`„p d
2. Does the document need to be sent to another agency for additional signatures? If yes, jkprovide the Contact Information(Name;Agency; Address;Phone)on an attached sheet. -
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed �.
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's ,
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on tr' i�and all changes made during the
meeting have been incorporated in the attached ocument. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for the o
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
INSTR 5506839 OR 5474 PG 3359 1 6 6
RECORDED 2/6/2018 5:09 PM PAGES 9 1 VV
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$78.00
TERMINATION OF FEE PAYMENT ASSISTANCE PROGRAM AGREEMENT
AND
RELEASE OF LIEN
This Termination of Fee Payment Assistance Program Agreement and Release of Lien is
entered into on January 23, 2018, by and between Collier County, a political subdivision of the
State of Florida, through its Board of County Commissioners (the "County") and Guadalupe
Center,Inc. (the "Business Owner").
WHEREAS,the Business Owner is the beneficiary of certain financial incentives provided
by Fee Payment Assistance Agreement,dated March 16,2005,attached as Exhibit"A"hereto(the
"Agreement");and
WHEREAS, Business Owner was required to create five jobs at an average wage of
$15,947 and the Business Owner created five jobs at an average wage of $58,000. In fact,
Guadalupe Center now employs 175 individuals;and
WHEREAS,the Agreement provided that the Fee Payment Assistance program would pay
EMS, Correctional Facilities, Road, General Government Buildings, and Fire Protection impact
fees totaling$73,998.79.
IN WITNESS WHEREOF,the County and Business Owner hereby:
1. Incorporate all Recitals herein as if fully stated.
2. Terminate the Agreement with the County responsible for the cost of recording.
3. Release the lien created by Agreement,effective on the date of recording.
4. Business Owner, by its execution hereof certifies, represents and warrants to the
County that:
a. The Business Owner has met and greatly exceeded its requirements of the
creation and retention of five new jobs at an average wage equal to or greater
than 50%of the County's,then,current private-sector average wage.
b. The Business Owner,having exceeded its job creation requirements,has three
years remaining on a fifteen-year monitoring term.
SIGNATURE PAGES TO FOLLOW
[17-EDC-00059/1385325/1] Page 1 of 2
16F6
COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E.BROCK, CLERK COLLIER C. d T ,FLORID
By:— .0 L . By: A a
DeP4 • •Y SOLIS, CHAIRMAN
Attest as to thai 's
sicfnafure only.
Approved as to form and legality:
Jennife*:elpedio %►
Assistant County Attorney ^\
BUSINESS OWNER:
Signed,sealed and delivered GUADALUPE CENTER,INC.
in o •res• ce as • sses:
Print ame. /i. �� 0`7.7e//
By: Oda
a
Name:' G1l/3,N MI 0114(Tic v
l Title: Pt,t) i Yc....
Print ame: IA p .
STATE OF
COUNTY OF
The foregoing instrument, was acknowledged before me this day of
, 2018, by.t ;1\\ ( ) personally f of
GUADALUPE CE ER, INC. on behalf of the company, who k. i per ally known to me
or ( ) has produced as identification. Note: If a form of
identification is not inserted in the foregoing blank,then the person is personally known to me.
M TORRES
4.0�1°P",'''
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: ;, =, Notary Public-State of Florida
• •c My Comm.Expires Sep 27,2018
� ���o-a= Commission*FF 156352 NOTARY P ,IC—STATE OF FLORIDA
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"'''' Notary Bonded through National Assn �� n {c J '
Print Name: lc
My Commission Expires: " t D\
[17-EDC-00059/1385325/1] Page 2 of 2
1 6 F 6
3577888 OR: 3754 PG: 16.F.6.d
RECOIL. )in OFFICIAL RECORDS of COLLIER COUNTY, FL
03/17/2005 at 10:59AH DWIGHT H. BROCK, CLERK
\}f.
Prepared by: COPIBSE b7.( cLo
2
Patrick G.White Rath; O
Ass'%.Collier County Att'y. F A M a
3301 Tamiami Trail East PAULA PLBISMNAN
Naples,FL 34112
VA113 2924
s space for recording
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AGREEMENT FOR FEE PAYMENT ASSISTANCE
E
PROGRAM >
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This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this Oa day of
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"ty�ndN� ,2005 by and between Collier County,a political subdivision of the State of Florida,through its
Board of County Commissioners, hereinafter referred to as "COUNTY," and Guadalupe Center,Inc., hereinafter5
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referred to as"BUSINESS OWNER,"collectively stated as the"Parties."
RECITALS: o
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WHEREAS, Collier County Ordinance No. 2003-61, the Collier County Fee Payment Assistance
Ordinance, as it may be further amended from time to time, codified as Section 49 of the Code of Laws and co
Ordinances of Collier County Florida,hereinafter collectively referred to as "Fee Payment Assistance Ordinance,"
provides for Fee Payment Assistance for payment of impact fees to qualifying businesses;and
WHEREAS, the BUSINESS OWNER has applied for Fee Payment Assistance as allowed by the Fee
Payment Assistance Ordinance,and a copy of said application is on file in the Impact Fee Administration office of
the Financial Administration and Housing Department;and
m
WHEREAS, the County Manager, or his designee, has reviewed the BUSINESS OWNER'S application
co
and has found that it complies with the requirements for fee payment assistance as outlined and set forth in the Fee a
Payment Assistance Ordinance;and u.
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WHEREAS,a Fee Payment Assistance Agreement must be presented in order for the requisite impact fees w
to be paid by the allocated funds of the Fee Payment Assistance Program,subject to satisfaction of all criteria in the °'
Fee Payment Assistance Ordinance qualifying the project as eligible for fee payment assistance;and
15)
WHEREAS, pursuant to Section 49-23 of the Fee Payment Assistance Ordinance, as codified in the
County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Fee
Payment Assistance agreements;and
WHEREAS, the Fee Payment Assistance Ordinance requires that the BUSINESS OWNER enter into an o i
H
Agreement with the COUNTY;and
V
WHEREAS,by signing this Agreement,the County Manager will approve impact fee payment assistance X
for the BUSINESS OWNER in support of financial relief for eligible industry development,high wage employment
opportunities, lessening the seasonal economic cycle, and encouraging investment opportunities in the specified °1
areas.
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Page 1 of 7
Packet Pg.526
1 6 F6
OR: 3754 PG: 381 16.F.6.d !',
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NOW, THEREFORE in consideration of the foregoing Recitals, and other
> g ggood and valuable
consideration,the receipt and sufficiency of which is hereby mutually acknowledged,the Parties covenant and agree o.
as follows:
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1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by
reference herein. nei
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2. LEGAL DESCRIPTION,ADDRESS AND OWNERSHIP. The name of the BUSINESS OWNER(S),the a
address of the subject property, hereafter the Property, and the legal description of same is attached as
Exhibit"A,"and is incorporated by reference herein.
3. PAYMENT OF IMPACT FEES. As a prerequisite to the issuance of the Building Permit(s) for the 't
Development of the Property, a certified copy of this recorded Agreement must be presented to the
COUNTY in order for the allocated Fee Payment Assistance funds to act as payment of impact fees,which
would otherwise be required to be paid by the BUSINESS OWNER under Code of Laws Section 74-202,
4, TERM. The term of this Agreement is fifteen(15)years from the date of the recording of this Agreement
and at the conclusion of the term of the Agreement the lien on the subject Property will be released,
provided all terms and conditions of the Agreement are satisfied,
a
5. REPRESENTATION AND WARRANTIES. The BUSINESS OWNER represents and warrants the
following:
N
.y
a. The BUSINESS OWNER is the owner of record or the authorized agent for the BUSINESS
OWNER of the project, and pursuant to the Impact Fee Ordinance owes impact fees in the total
amount of$73,998.79 as set forth in attached Exhibit"B,"incorporated by reference;and
b. The BUSINESS OWNER has filed a program application which has been accepted by the
m
COUNTY as sufficient;and
u.
c. The type of business proposed is classified under North American Industrial Classification System
(NAICS)Code 6244;and
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d. A minimum of five new jobs will be created and retained as a result of the project;and Q
e. The newly created jobs pay an average wage equal to or greater than 50%of the County's current
private-sector average wage;and
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f. The estimated total capital investment related to the project is$3,818,000;and C9
•
g. The date(month and year)when the project will be substantially complete is December of 2005;
and
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Page 2 of 7
Packet Pg. 527
16F 6
OR: 3754 PG: 38 16.F.6.d
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h. In return for the COUNTY paying 100%of the impact fees owed by BUSINESS OWNER by use a�
of specified Program funds,the BUSINESS OWNER further covenants and agrees to comply with a.
the provisions of this Agreement and the Fee Payment Assistance Program detailed in the Fee
Payment Assistance Ordinance, during the term of this Agreement. Any change in the status of
the occupancy,type of business conducted, or compliance with the requirement&of the Program,
set forth in the Fee Payment Assistance Ordinance and this Agreement,will be considered to be a
breach of the Agreement and therefore in default and immediately due and payable,including any E
applicable interest, in accordance with the provisions set forth by Code of Laws Section 49-24 0
m
(b)(6)of the Fee Payment Assistance Program and this Agreement. u.
6. SUBSEQUENT SALE OR TRANSFER. The amount of the Impact Fees paid by the COUNTY under the
Program will become due and payable and shall be immediately re-paid to the COUNTY by the
BUSINESS OWNER if the property is sold or transferred without prior written approval from the
COUNTY at any time after the first certificate of occupancy has been issued for the Property and prior to
the 15-year term of the Agreement, and in that event the paid Impact Fees must be re-paid in full to the
COUNTY. Any outstanding (i.e., as yet not repaid) Impact Fee amounts previously paid under this
Program that become due and payable must then be immediately repaid to the COUNTY and if not so
repaid,the outstanding obligation will remain as a Iien on the Property under the terms of the Agreement.
a
7. LIEN. The payment of Impact Fees by the COUNTY via the Fee Payment Assistance Program under this o4.) j
c
Agreement will constitute a lien on the BUSINESS OWNER'S Property, which lien may be foreclosed �a
upon in the name of the BUSINESS OWNER in the event of non-compliance with the requirements of this co
Agreement. The amount specified in this Agreement will continue to serve as a lien against the Property
and neither the obligation for repayment of due Impact Fees,nor the Agreement itself may be transferred,
assigned, credited, or otherwise conveyed by the BUSINESS OWNER, from the Property without prior a
written approval from the COUNTY.
8. SUBORDINATE. The COUNTY'S interest may be subordinated to all first mortgages or other co-equal
security interests, and will automatically be subordinate to the BUSINESS' previously recorded first
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mortgage and/or any government funded affordable business loan, such as the U.S. Small Business
d
Administration(SBA)or the U.S.Department of Agriculture(USDA)loan. Q
9. RELEASE OF LIEN. Upon satisfactory completion of all requirements of this Agreement,the COUNTY
may record any necessary documentation evidencing same,including,but not limited to, a release of lien. a
co
The lien will not terminate except upon the recording of a release or satisfaction of lien in the public
t9
records of Collier County. Such release will only be recorded upon payment in full or satisfaction under
the terms of this Agreement.
v
10. REMEDIES. In the event the BUSINESS OWNER is in default under this Agreement,and the default is
not cured within thirty(30)days after written notice is provided to the BUSINESS OWNER,the COUNTY
d
may bring a civil action to enforce the Agreement or declare that the COUNTY'S payment of the Impact
Fees not yet recouped and previously paid under this Program axe thence immediately due and payable.
Page 3 of 7
Packet Pg. 528
16F .
' OR: 3754 PG: 381 . 16.F.6.d
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The COUNTY will be entitled to recover all fees and costs,including attorney's fees and costs incurred by rn
the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for final o
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judgments,calculated on a calendar day basis until paid. oo
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11. RECORDING. This Agreement will be recorded in the Official Records of Collier County at no cost to the y
COUNTY. Q
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IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written. R
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WITNESS AS TO BOTH: •WNERI:Guadalupe Center,Inc. c
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Print Name Print Name: tanley Boynton,CEO 4
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STATE OF FLORIDA) E
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COUNTY OF COLI.TFR)
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The foregoing Agreement was acknowledged before me this 1itlei day of t�l/wt ,2005,by
as
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1(1 He/She is personally known to me or have produced t9
f ••ezeS16S-1%%- 4(0- 44 (a 0 as proof of identity. w
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[NOTARIAL SEAL} w
tttatf c
iv,J+ a M.Hart •'•• ,,hue)f Person Taking Acknowledgment c
�M�om+atubr,0023$100R
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Frcpka Au0ust 02,2007 Q
Page 4 of 7
Packet Pg.529
16F6
, .
`i OR: 3754 PG: 38i 16.F.6.d
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STATE OF FL*! IDA)
rn
COUNTY OF COLL i, ) f a
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The foregoing Agreement was a . owledged b- .re me this day of - ,2005,by Q
_ . He/She is personally known to me or have produced c
a- .roof of identity. P E
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[NO •.1 • SEAL]
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Signature of Person Taking Acknowledgment 1
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COLLIER COUNTY,FLORIDA E
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By: a
JAMB: MUDD,COUNTY MANAGER c
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STATE OF FLORIDA) Q
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COUNTY OF COLLIER) E
The foregoing Agreement was acknowledged before me this t1t9t day of 1111,6Acti ,2005,by James V. a
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Mudd,County Manager,on behalf of the COUNTY. He is personally known to me. u-
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.►+ Jacqueline M.Hent `I • 1` CA
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[NOTARIAL SEAL] My Commission 002341e0 S!s ature•f Person Taking Acknowledgment a'
1 Expire:August 02,2007 Or)
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Approved as to form and Rec•. s end Approval: =
75.
:.1 sufficiency: 0...//....) m
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Patrick G.White Denton Baker,Director
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Assistant County Attorney Financial Administration&Housing w
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Page 5 of 7
Packet Pg.530
16F6
OR: 3754 PG: 3d. 6.F.6.d
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EXHIBIT"A"
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LEGAL DESCRIPTION
OWNERSHIP Q
ADDRESS
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Tract"C"of Collier Village,a subdivision,pursuant to the plat recorded in Plat Book 17,Pages o
60, 61,62,Public Records of Collier County,Florida.
Guadalupe Center,Inc.
509 Hope Street
Irnmokalee,Florida 34108
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EXHIBIT"B" u.
IMPACT FEE BREAKDOWN a
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Type of Impact Fee Amount Owed
A. EMS Impact Fee $ 715.04
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B. Correctional Facilities Impact Fee $ 2,761.95
C. Road Impact Fee $54,552.00
D. General Government Building Impact Fee $ 9,689.40
E. Fire Protection $ 6,280.40
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TOTAL IMPACT FEES $73,998.79 i
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Page 7 of 7
Packet Pg.532
•
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co or y Of ice
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
jckce, Z" QA- Sjvay., 4 eto•riookir. iietqftQA
2. (/
3. County Attorney Office County Attorney Office � � 1 P \\.c4
4. BCC Office Board of County Qs
Commissioners Y / J A' \\,k
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number
Contact/ Department 1aCR, k-±r 239 2SZ olio
Agenda Date Item was Agenda Item Number
Approved by the BCC y'2—"b 1 ((eF Co
Type of Document Number of Original
Attached X vvk i Nux:V t on A esr e_im e vti} Documents Attached
PO number or account
number if document is
to be recorded D t (T5 1 tau
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? J� ✓A V "tk
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed ick
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board )64
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. ✓"G
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. �(
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
...................... ...
8. The document was approved by the BCC on l/1.3J, nd all changes made during the
meeting have been incorporated in the attacheddoocument. The County Attorney's Xik
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the 02)
Chairman's signature.
I:Forms/County Forms!BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. .15;Revised 11/30/12
16F6
INSTR 5506414 OR 5474 PG 2356
RECORDED 2/6/2018 12:02 PM PAGES 11
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$95.00
TERMINATION OF FEE PAYMENT ASSISTANCE PROGRAM AGREEMENT
AND
RELEASE OF LIEN
This Termination of Fee Payment Assistance Program Agreement and Release of Lien is
entered into on January 23, 2018, by and between Collier County, a political subdivision of the
State of Florida, through its Board of County Commissioners (the "County") and Staffordshire
Properties, Inc. (the "Business Owner").
WHEREAS,the Business Owner is the beneficiary of certain financial incentives provided
by Fee Payment Assistance Agreement, dated February 7, 2006, awarded to Training and
Manufacturing Institute, Inc., attached as Exhibit"A" hereto (the "Agreement"), and assumed by
Staffordshire Properties, Inc., on July 11, 2017, attached as Exhibit"B"; and
WHEREAS,Business Owner was required to create five jobs at an average wage of at least
50 percent of the County's (then) current private-sector wage ($15,947) and the Business Owner
complied; and
WHEREAS,the Agreement provided that the Fee Payment Assistance program would pay
EMS, Correctional Facilities, Road, General Government Buildings, and Fire Protection impact
fees totaling$185,648.40.
IN WITNESS WHEREOF, the County and Business Owner hereby:
1. Incorporate all Recitals herein as if fully stated.
2. Terminate the Agreement with the County responsible for the cost of recording.
3. Release the lien created by Agreement, effective on the date of recording.
4. Business Owner, by its execution hereof certifies, represents and warrants to the
County that:
a. The Business Owner has met the requirements of the creation and retention of
five new jobs at an average wage equal to or greater than 50%of the County's,
then, current private-sector average wage.
b. The Business Owner,having met its job creation requirements,has three years
remaining on a fifteen-year monitoring term.
SIGNATURE PAGES TO FOLLOW
[17-EDC-00059/1385328/1] Page 1 oft
C
16F6
COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER C . T , FLORIDA
By `
. . ,''Y1.Ci• By: A -..
-4.' l DY SOLIS, CHAIRMAN
Signature only. 9
Approved as to form and legality:
.vim
Jennifer i elpedio ),_
Assistant County Attorney ,
BUSINESS OWNER:
Signed, sealed and delivered STAFFORDSHIRE PROPERTIES, INC.
in our presence as witnesses:
---- >
Print Name 0 ;`7- _ ee:Fle By: --
Name: Po,r,2'f A�, rZcol.4P.3
CC
\f'136Z" "2L Title: yPkZ-=g
Print Name: , ° u/ 01
STATE OF (-i 0r ;ac,.
COUNTY OF (lo l l t er
The foregoing instrument was acknowledged before me this cg Ce day of
3Ct-✓N , 2018, by l�oberl- W. ?);c..kura( , as -Pre-c, of
STAFFORDSHIRE PROPERTIES, INC. on behalf of the company, who ( ) is personally
known to me or ( t✓) has produced 1----(,o,rii(1 G bctve{,k �esidentification. Note: If a form
of identification is not inserted in the foregoing blank, then the person is personally known to me.
o REBECCA IVY � �/ t---Y-- ,-7----,
.4 - It. Notary Public,State of Florida NO FARY PUBLIC -STATE OF FLORIDA
$ ;A0 Commission#FF 135343 Print Name l Ccc • -L 0'-
''�"" My comm.expires June 23,N18
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3783748 OR: 3981 PG: 0102
RICORDID in OFFICIAL RECORDS of COLLIER COURtL, IL
02/10/2006 at 01:31PR OYIOliM 1, BROCI, CURE
RIC 111 61.00 E
COPIII8 1.00 a)
Prepared bye `
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Jeffrey A.K1itzkow COES IMPACT PEES Q ;
Ass't.Center CountyAtt'y. IM!IR OPPICI E
3301 Undue'Trill Ess, as
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Naples,FL 34112 0)
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AGREEMENT FOR FEE PAYMENT ASSISTANCE 0
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This Agreement for Fee Payment Assistance for the payment of Impact Fees is entered into this:4... of aa)
r 2006 by and between Collier County,a political subdivision of the State of Florida,through its ti
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Board of County ommissioners,hereinafter referred to as"COUNTY,"and Training and Manufacturing Institute, 0
Inc,hereinafter referred to as"BUSINESS 0 ,1 ', le i 4,, i.( d as the"Parties,"
O RECITALS: K ' l eses
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WHEREAS, Collier Cou y 0 dance = 003-6 the .flier County Fee Payment Assistance l-
Ordinance, as it may be further en.ed from t -t6't'me co=ified as Sect on 49 of the Code of Laws and h
Ordinances of Collier County Flo ida, =er:Ina' r •. ct v II ,d . _ 'Fee Payment Assistance Ordinance,"
for Fee Payment .` .a w; o p t:e-. toquiiI' Ing u i esses;and o
providesYm � . �
WHEREAS, the BUSINc\fl'��,WNER has applied fo",f;ee la • 'ssistance as allowed by the Fee
Payment Assistance Ordinance,ando,=. of said applicationIs p- e ' > - mpact Fee Administration office of g
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the Financial Administration and Housi _VJ'= ant,and —
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WHEREAS, the County Manager, or i�dn�'e, ewed the BUSINESS OWNER'S application 2
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and has found that it complies with the requirements for fee assistance as outlined and set forth in the Fee Payment aa)
Assistance Ordinance;and d
WHEREAS,a Fee Payment Assistance Agreement must be presented in order for the requisite impact fees m
to be paid by the allocated funds of the Fee Payment Assistance Program,subject to satisfaction of all criteria in the o
Fee Payment Assistance Ordinance qualifying the project as eligible for fee payment assistance;and a
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WHEREAS,pursuant to Section 74-202 of the Impact Fee Ordinance,as codified in the County's Code of N
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Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Payment A
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Assistance agreements;and 1.—
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WHEREAS, the Impact Fee Ordinance requires that the BUSINESS OWNER enter into an Agreement W
with the COUNTY,and W
WHEREAS,by signing this Agreement,the County Manager will approve impact fees payment assistance a
for the BUSINESS OWNER in support of financial relief for eligible industry development,high wage employment .ce
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opportunities, lessening the seasonal economic cycle, end encouraging investment opportunities In the specified a
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areas.
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NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable .:.i)
consideration,the receipt and sufficiency of which Is hereby mutually acknowledged,the Parties covenant and agree
as follows: c
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RECITALS INCORPORATED. The foregoing Recitals aro true and correct and are incorporated by reference
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LEGAL DESCRIPTION,ADDRESS AND OWNERSHIP. The name of the BUSINESS OWNER(S),the address C
of the subject property,hereafter the Property, and the legal description of same is attached as Exhibit"A", and Is ›
incorporated by reference herein, a
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PAYMENT OF IMPACT FEES. As a prerequisite to the issuance of the Building Permit(s)for the Development u.,
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of the Property, a certified copy of this recorded Agreement must be presented to the COUNTY In order for the c
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allocated Fee Payment Assistance funds to ac pt aalie5 fes, which would otherwise be required to be
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paid by the BUSINESS OWNER under ikOf • s Section 7 - tv.. � •—
TERM. The term of this Agreeme 1 is f' -(J ears from the date f th recording of this Agreement and at a
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' the conclusion of the term of the A ee ont tha i out on h• subject"roperty will a released,provided all terms and a
conditions of the Agreement are sa isfi
REPRESENTATION AND WA ' ' E i.t J . py r fen and warrants the following: o
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The BUSINESS OWNER is t f o er of record or the au .r zip ent for the BUSINESS OWNER of
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the project,and pursuant to the a QEdinanc .)•.z fens in the total amount of$185,684.40
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as set forth in attached Exhibit"B",in b•t i _•a; IVia stand
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The BUSINESS OWNER has filed a program application which has been accepted by the COUNTY as E
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The type of business proposed is classified under North American industrial Classification System c
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(NAICS)Code 6244;and
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' A minimum of five new jobs will be created and retained as a result of the project;and N •i
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The newly created jobs pay an average wage equal to or greater than 50%of the County's current private- Q
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sector average wage;and w
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The estimated total capital investment related to the project is$2,800,000.00;and w
The date(month and year)when the project will be substantially complete is December of 2007;and w
In return for the COUNTY paying 100% of the impact fees owed by BUSINESS OWNER by use of aoi
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specified Program funds, the BUSINESS OWNER further covenants and agrees to comply with the -c
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provisions of this Agreement and the Fee Payment Assistance Program detailed in the Fee Payment a
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Assistance Ordinance,during the term of this Agreement. Any change In the status of the occupancy,type s
of business conducted,or compliance with the requirements of the Program, set forth in the Fee Payment 'Z
Assistance Ordinance and this Agreement, will be considered to be a breach of the Agreement and re
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therefore In default arid immediately due and payable,Including any applicable interest,in accordance with o
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the provisions set forth by Code of Laws Section 49-24(b)(6)of the Fee Payment Assistance Program and °-
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this Agreement. m
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SUBSEQUENT SALE OR TRANSFER. That the amount of the Impact Fees paid by the COUNTY underu)
the Program will become due and payable and shall be Immediately re-paid to the COUNTY by the d
BUSINESS OWNER if the property is sold or transferred without prior written approval from the aci
COUNTY at any time after the first certificate of occupancy has been issued for the Property and prior to >.,
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the l5-year term of the Agreement,and in the event the paid Impact Fee amounts must be re-paid in full to a•
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the COUNTY. Any outstanding(i.e., as yet not repaid)Impact Fee amounts previously paid under thisti
Program that become due and payable must then be Immediately repaid to the COUNTY and if not so c
repaid,the outstanding obligation will .\-)ie
tea�tegyctr� th Property under the terms of the Agreement. o
LIEN. The payment of Impar .eQ to COUNTY v a se ayment Assistance Program under this
Agreement will constitute a ien.i the BUSINESS OWNER Pro erty, which lien may be foreclosed ai
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upon in the name of the B SIN'.SS W`N'R i to ev n of non- imp ance with the requirements of this •
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Agreement. The amount 'pee • -NI I '111114177111' o Ii o s ve as a lion against the Property r
and neither the obiigatio for p1 e t o d e Illi., ee N o th, • eement Itself may be transferred,
assigned, credited, or oth I eye' e s '5.I E w .:R from the Property without prior
written approval from the `,ti! ,tom
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SUBORDINATE. The Cou t � rest may be subordin l Th (tdj II first mortgages or other co-equal ,e
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security interests, and will auto t hili be-subboor[djhtff�he/BUSINESS' previously recorded first
mortgage and/or any government fltncTe {Lllyble�be'siness loan, such as the U.S. Small Business `..... `,
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Administration(SBA)or the U.S.Department of Agriculture(USDA)loan. m
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RELEASE OF LIEN. Upon satisfactory completion of all requirements of the Agreement,the COUNTY L
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may record any necessary documentation evidencing same,including,but not limited to,a release of lien, re ,
The lien will not terminate except upon the recording of a release or satisfaction of lien In the public O
records of Collier County. Such release will only be recorded upon payment in fall or satisfaction under E •
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the terms of this Agreement.
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REMEDIES. In the event the BUSINESS OWNER is In default under this Agreement,and the default Is p
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not cured within thirty (30) days after written notice is provided to the BUSINESS OWNER, the I-
COUNTY may bring a civil action to enforce the Agreement or declare that COUNTY'S payment of the C)
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Impact Fees not yet recouped and previously paid under this Program are thence immediately due and w
payable, The COUNTY will be entitled to recover all fees and costs, including attorney's fees and costs c
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incurred by the COUNTY in enforcing the Agreement,plus Interest at the then maximum statutory rate for E
final judgments,calculated on a calendar day basis until paid. u
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RECORDINO. This Agreement will be recorded in the Official Records of Collier County at no cost to a)
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the County, °C
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. IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written. ,
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WITNESS: OWNER: Training and Manufacturing Institute,Inc.
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Signed Signed c
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J Print Name: We .n •. :urdiek,Presidentand E
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_i_../ .\ ,i Chief xec five Officer �'
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STATE OF FLORIDA) 46E
COUNTY OF COWER) U
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The foregoing A ruont was acknowledged before me this d" day of /41_____ 2006,by a
testi/E011ur rc elf �,. He/She/They is/are personal, known to • or have produced E
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• as proof of identity. N
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M""'" ' t pN "' �ignaturo of Person Taking Acknowledgment
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Mood Wart/wn Inc
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COLLIER COUNTY,FLORIDA ti."
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By' r12"-a -1"1,711. re .N
JAMES V.MUDD,COUNTY MANAGER us
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COUNTY OF COLLIER) 46_
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The foregoing Agreement wa . Id�Wlodged before me this '). a o: of j t'�tv '}�,rp06,by James V. E
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Mudd,County Manager,on behalf•f th, COUNTY. -e is .ersona kno to •. a
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(NOTARIAL SEAL) C Signa s e of.-rso• P11 ng Ackn•wledgment :E •
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. " FLORIS E.ROGERS T o
�►/ MY COMM193lON 0:D417462 1�� •,46\-
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App •ved .• to form and Recommend Approval; c`
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Jeffre T. tzkow Denton Baker,Director
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Assis t C ty Attorney Operations Support and Housing Department
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EXHIBIT"A" a
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LEGAL DESCRIPTION o
OWNERSHIP a
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Training and Manufacturing Institute,Inc. y
. 2050 Commerce Avenue,Immokalee Florida 34142 <
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Lot 7,IMMOKALEE AORICOM PARK PHASE ONE,in accordance with and subject to the c°', j
plat thereof,as recorded in Plat Book 17,Pages 55 through 57,inclusive,of the Public Records c
of Collier County,Florida, _
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EXHIBIT"B" Li
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IMPACT F�+E-B OWN o
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Type of Impact Feer . T O• •d
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EMS Impact Fee (IC O t�• .�0 1,
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B, Correctional Faciliet pact Fee 4r, $ `: i0 2
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C. Road Impact Feed 6& 0.00co
u.)D. General Government Bull c - .g..4..../,
'. 13,973.70 moo,
E. Law Enforcement Impact Fee $ 1,592.70 E
TOTAL IMPACT FEES $ 185,684.40 a
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ASSUMPTION AGREEMENT
This ASSUMPTION AGREEMENT is made and entered into as ofJuly 11, 2017, by and between
Staffordshire Properties, Inc., a Massachusetts domestic profit corporation, and Collier County, a political L
subdivision of the State of Florida("County"), collectively stated as the"Parties." d
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WHEREAS, on February 7, 2006, the County entered into an Agreement for Fee Payment
Assistance Program with Training and Manufacturing Institute. Inc., attached hereto as Exhibit A, and
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hereinafter referred to as"Agreement"; and o
WHEREAS, Staffordshire Properties. Inc. hereby represents to the County that it is the successor v,
in interest to Training Manufacturing Institute, Inc., in relation to the Agreement: and
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WHEREAS. Staffordshire Properties, Inc. represents to the County that it is eligible to remain in
the fee Payment Assistance Program (linmokalee) pursuant to criteria set forth in Ordinance No. 2003-61,
as amended, which required the creation of a minimum of 5 new full-time jobs at an average wage of at a
least 50% of Collier County's then current private sector average wage (516,167); and W
WHEREAS, the parties wish to formalize Staffordshire Properties, Inc.'s assumption of rights and
obligations under the Agreement, which is effective as of the date of closing on the subject property by
Staffordshire Properties, Inc., which is scheduled to occur on or about July 31, 2017.
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration. the receipt and sufficiency of which are
acknowledged by the parties, it is agreed as follows;
. The foregoing Recitals are true anti correct and arc incorporated by reference herein.
2. Except as provided herein, Staffordshire Properties, Inc. accepts and assumes all rights,duties,
benefits, and obligations under the Agreement, including but not limited to the lien recorded
on February 10, 2006. in the Official Records of Collier County, F1. at OR book:3981 Page: in
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0102 and including,all existing and future obligations to pay and perform under the Agreement. ,o
3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are
contemplated by the Parties.
4. The County hereby consents to Staffordshire Properties, Inc.'s assumption of the Agreement.
No waivers of performance or extensions of time to pertorm are granted or authorized. Except
as provided herein, all other terms and conditions of the Agreement remain in full force anda.
effect.
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5. Should the scheduled closing on the subject property not occur by August 3 I, 2017, the County
may by written notice terminate this agreement.
6. Staffordshire Properties.. Inc. shall register to do business in the State of Florida through the
Florida Department of State. Division of Corporations and shall maintain its eligibility to do
business in Florida throughout the term of this agreement. X
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IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date ofelosing on the subject property by Staffordshire Properties, Inc.,which
is scheduled to occur on or about July 3 I. 2017. U
INSTR 5436287 OR 5421 PG 1650
RECORDED 8/2/2017 10:35 AM PAGES 9
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$78.00 Packet Pg.533
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COLLIER COUNTY:
ATTEST: BOARD 0,CO TY COMMISSIONERS
DWIGIIT F. BRO'CI(,Clerk COLLIER ifgr Y, FLORIDA
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By: _ // / E
Dv ' �' 'ENNY TA CLIA
as to Chairii�l t ttv. Jerk °
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Attest n
signature only.
STAFFORDSHIRE PROPERTIES. Inc.
By: _ ;=
Richard Robert, President a
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Date: - -
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STATE OF —
COUNTY OFrt� t iI?` ?1��., c
The fyregoing instrument was acknowledged before me this O day of , 2017 by
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X1,1(; I as /�, 4'1 and on behalf of Staffordshire Pr )erties, Inc., a
Florida Limited Liability Company. Such personpersonally known-to-Ezme-or has produced
Lf t (,4jtis identification and did{turf-not-) take an oath.
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NOTARY PUBLIC E
(STAMP OR SEAL)
/1 1 t T��"c��t tli.l t. L.. izt f O e_
/ GFFICIAL STAMP
I• ',0 PATii:CIA HOPE DREB1N
NOTARY PUBLIC-OREGON W
Approved=as t .afn and legality: '- �/ COMMISSION NO.950537 x
legality:I
MY IMMISSION EXPIRES MAY 19,2020 w
Jeffrey A. Kla ow, County Attorney
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Packet Pg. 534